Income from real estate business

Dear Members, Whether Income from real estate business treated as Business Income or Capital Gains
Replies (2)

IN REAL ESTATES flats are maintained as STOCK IN TRADE .

therefore its is a business income.

If the income is on sale of assets it has to be trated as Income from Business or Profession, But if Income is on account of rent which are in Stock-in-Trade, then such rental income has to be treated under Income from House Property.(CASE LAW: Azimganj Estate (P) Ltd vs CIT(2013))

 

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